Hall Of Fame

Firms To Watch: Professional negligence

DAC Beachcroft Scotland LLP’s professional negligence offering was strengthened by the arrivals of specialists Alan Eadie and Lynne Cardow from BTO Solicitors LLP in October 2023.

Professional negligence in Scotland

Brodies LLP

Brodies LLP houses a ‘great team of knowledgeable and personable solicitors’, who excel in handling a broad range of professional negligence mandates for insurers, corporate companies and private individuals. Particularly active in the construction and real estate sectors, the practice regularly advises on construction and architecture disputes and negligent design claims, in addition to providing negligence advice concerning high-value transactions and claims against financial services. ‘Preeminent practitioner’ Alan Calvert leads the team and specialises in commercial, construction and financial lines disputes, while Alisdair Matheson handles claims both for and against construction professionals, accountants, surveyors and solicitors. Other key contacts in the group include Stephanie Barratt and James Jerman.

Practice head(s):

Alan Calvert


Other key lawyers:

Alisdair Matheson; Stephanie Barratt; James Jerman; Jo Kelbrick; Laura Fell


Testimonials

‘Alan Calvert and Jo Kelbrick make us feel as though we are in safe hands. They have taken the time to understand how our business operates and the ethos of how our business deals with clients.’

‘The team have extensive experience in professional negligence claims. They were professional throughout our work with them and knowledgeable of the detail within the case.’

‘Alan Calvert remains a preeminent practitioner, whose expert guidance is always on point and gratefully received.’

‘A great team of knowledgeable and personable solicitors.’

‘Alisdair Matheson is a very safe pair of hands, with a strong support team, especially Stephanie Barrett.’

‘James Jerman is a very professional individual. You can tell he is incredibly committed to his work and knowledgeable on his subject.’

‘Our dealings with Alan Calvert and Jo Kelbrick have been excellent. They have a good understanding of our needs, are very knowledgeable of the matter subject and easy to work with.’

‘Alan Calvert is a top performer and his experience and ability is second to none. Jo Kelbrick is super efficient and a pleasure to deal with. Stephanie Barratt’s knowledge and experience is at a very high standard.’

Clyde & Co

With considerable expertise in professional indemnity claims, the team at Clyde & Co acts on a range of high-profile public inquiries, claims relating to commercial property transactions and policy coverage disputes. Led by Sarah Crewes, the practice also regularly defends corporate entities, private individuals, insurance companies and construction clients in damages, breach of contract and design negligence claims. Other key contacts in the group include Colette Finnieston and Rory Anderson.

Practice head(s):

Sarah Crewes


Other key lawyers:

Colette Finnieston; Rory Anderson


Harper Macleod LLP

The ‘strong and well-respected team’ at Harper Macleod LLP handles a broad range of matters, such as pursuing claims against professionals in the banking, financial services and insurance sectors, in addition to negligence claims against engineers, architects and surveyors. Praised as ‘thoroughly knowledgeable, highly professional and proactive’, David Kerr jointly leads the team alongside Sandy Hastie. Other key contacts in the group include John McHugh, who focuses on cases involving contractual, construction and corporate elements, E-Ming Fong and Andrew MacKenzie, who is commended as ‘intelligent and a formidable opponent’.

Practice head(s):

Sandy Hastie; David Kerr


Other key lawyers:

E-Ming Fong; Andrew MacKenzie; Adam de Ste Croix; Miranda Cannibal


Testimonials

‘Harper Macleod is an excellent Scottish firm, with a very strong and well-respected team. The department has real depth of talent.’

‘The team has in-depth experience in professional negligence matters. Their key strengths are their professionalism, proactive approach to their client’s cases, and extremely pragmatic and commercial advice. They are definitely market leaders in this field.’  

‘Adam de Ste Croix instills confidence and trust. He is a credit to the firm and the law profession.’

‘David Kerr is a leading partner in the firm. He is a very driven and commercially-minded partner, with an astute judgment of a case’s strengths and weaknesses.’

‘Andrew MacKenzie is intelligent and a formidable opponent.’

‘E-Ming Fong is very good with clients and consistently thorough in exploring every possible angle for them.’ 

‘Andrew Mackenzie is exceptionally bright, with amazing attention to detail.’ 

‘David Kerr is thoroughly knowledgeable, highly professional and proactive.’

Key clients

Centenary 6 Limited


Sanctuary Housing Association


Harbour Homes Ltd


Shetland Islands Council


Arc Legal Insurances Ltd


CorpAcq Ltd


Coach Stores Ltd


Work highlights


  • Advised Robert Kidd in a $350 million action against the purchasers of his shareholding in an oil & gas company and their solicitors based on an unlawful means conspiracy.
  • Represented Centenary 6 Ltd at proof in a £40 million loss of opportunity claim against TLT solicitors.
  • Advised Sanctuary in a substantial negligence dispute arising out of a large contract for energy improvement works to be carried out by E.ON Energy Services.

BTO Solicitors LLP

BTO Solicitors LLP counts contractors, engineers and architects among its key roster of clients, and is noted for its expertise in handling professional negligence claims arising out of the construction sector. Following the departure of former practice heads Alan Eadie and Lynne Cardow in October 2023, ‘first-rate professional negligence litigator’ Tim Edward leads the team and handles a broad range of negligence claims. Michael Collins is noted for his expertise in the construction sector, while Gillian Harman and Stuart Craig assist with professional liability cases.

Practice head(s):

Tim Edward


Other key lawyers:

Michael Collins; Gillian Harman; Stuart Craig


Testimonials

‘Tim Edward is a first-rate professional negligence litigator. He combines expert legal knowledge with a straight, no-nonsense andrealistic approach, all of which is delivered in an affable manner. He is communicative and easy to deal with.’ 

Key clients

RSA Group


Allianz Speciality and Global


Aviva plc


AXIS Specialty Europe SE


AXA XL


CFC Underwriting


Riverstone Management Ltd (formerly Brit Insurance)


Chubb Insurance Company of Europe SE


AIG Europe Limited


Markel International


DAS UK Group


Work highlights


  • Advising a global technical services provider in connection with multiple PI claims, core participant involvement in a public inquiry and guidance on a police investigation concerning alleged design and construction defects, and resulting public health risks, relating to two major hospital projects.
  • Advising a Scottish educational institution and its insurers in the defence of a claim by a former student for discrimination in respect of religious beliefs under the Equality Act 2010.
  • Representing multiple parties (former company directors) in a potentially 8 figure D&O claim relating to alleged unlawful dividends/distributions made by a subsidiary company to support its struggling parent company.

Burness Paull LLP

Burness Paull LLP is well-placed to handle professional negligence disputes and regulatory investigations, and counts accountants, financial service professionals and construction companies among its key roster of clients. Under the leadership of ‘excellent litigatorAshley Jones, Meriel Miller and Louise McDaid frequently collaborate with the firm’s restructuring and insolvency team, handling contentious matters involving share and purchase agreements, high-value audit negligence and fraud cases.

Practice head(s):

Ashley Jones


Other key lawyers:

Meriel Miller; Louise McDaid


Testimonials

‘An excellent team, who are well-placed to draw on knowledge and experience across the full-service firm.’

‘Ashley Jones is an excellent litigator.’

CMS

Situated within the firm’s wider insurance and litigation practice, the professional negligence team at CMS handles a broad range of professional indemnity matters, particularly in the construction, engineering and renewable energy sectors. Graeme MacLeod jointly leads the team alongside ‘sophisticated negotiator’ Harriet Munro, who is regularly instructed to defend insolvency practitioners and insurance brokers. The team also regularly handles conspiracy to defraud and negligent advice claims. Praised as ‘forensic, analytical, and thorough’, Rowena Williams is another key contact in the group.

Practice head(s):

Harriet Munro; Graeme MacLeod


Other key lawyers:

Rowena Williams


Testimonials

‘Rowena Williams is an impressive associate with excellent attention to detail.’

‘Harriet Munro is excellent and a real star. She is highly attuned to the needs and wants of insurers, is a sophisticated negotiator, seeing and capitalising on opportunities for out-of-court resolution at all stages, whilst being unafraid to litigate to a conclusion.

‘Rowena Williams is highly capable, completely on top of all aspects of running complex litigation to advantageous conclusions.’

‘The professional negligence team is one of the best in Scotland in terms of experience and resource.’

‘Harriet Munro is an excellent partner with broad experience. She has a very good understanding of insurance law and is able to provide clear advice in complex cases where there may be issues as between the client and insurers.’

‘Friendly, approachable and yet wholly professional.’

‘Harriet Munro is confident, articulate and provides great strategic advice on managing complex disputes.’

‘Rowena Williams is forensic, analytical and thorough with an exceptional capacity for detail. She is also tenacious and creative when trying to resolve complex problems.’

Key clients

QBE


Markel International


AIG


Ledingham Chalmers LLP


Riverstone


AXIS


Liberty Syndicate


AXA XL


WR Berkley


Munich Re


Thomas & Adamson


Work highlights


  • Acted for the defender, a global firm of engineers, in a high-profile dispute concerning the impact of remediation of brownfield sites.
  • Acted for a leading Scottish law firm in a $300m conspiracy to defraud claim.
  • Advised an engineering firm in defending claims totalling £4m+ brought by an international hotel franchise and their landlord in relation to allegedly defective cladding installed on a landmark hotel development in Scotland.

DWF

The practice at DWF regularly represents major insurance and construction clients, and is noted for its expertise in liability and causation cases. In late 2024, Lindsay Ogunyemi and Andrew McConnell departed to Beale & Co; Alison Grant also left the firm.

Testimonials

‘A highly visible team with strength in depth at all levels.’

‘Experienced and client friendly.’

Key clients

RSA


Zurich


AIG


CNA Hardy


Tokio Marine HCC


Allied World


QBE


Starr Underwriting


Aviva


Kennedys

Kennedys’ ‘impressive’ professional negligence team acts for a wide range of construction and engineering clients in alleged defects, design negligence and related litigation cases. Gavin Henderson, who is ‘highly experienced in matters relating to construction and professional negligence’, leads the team. Other key contacts include ‘experienced practitioners’ Peter Demick, Ross Forrest and David Nelson. Anne Kentish joined the practice in May 2024.

Practice head(s):

Gavin Henderson


Other key lawyers:

Peter Demick; Ross Forrest; David Nelson; Anne Kentish


Testimonials

‘A very impressive team, with growing strength in depth and a strong portfolio of clients.’

‘Gavin Henderson, who is highly experienced in matters relating to construction and professional negligence.’

‘Legal specialists who have retained their client centric focus. You can’t litigate in a vacuum and this team understands the importance of stakeholder management and the commercial realities their clients are operating under.’

Key clients

QBE


Aye Waste Management Limited


Glasgow School of Art


Hulley & Kirkwood


Prater Ltd


Ayr Waste Management Limited


TLT

Counting banks and other financial services among its key roster of clients, TLT handles a broad range of professional negligence and public liability claims. With notable experience in pursuer claims, practice leader John Paul Sheridan showcases ‘excellent knowledge’ in residential lender and insolvency claims, in addition to breach of lending instructions across the UK. Litigator Louise Chopra is another key contact in the team.

Practice head(s):

John Paul Sheridan


Other key lawyers:

Louise Chopra


Testimonials

‘The professional negligence team at TLT Scotland provides an excellent client service. The team is friendly, approachable and efficient, and advice is always clear, detailed and considered.’

‘John Paul Sheridan has excellent knowledge of the sector and consistently provides advice of exceptional quality. John Paul is extremely helpful, knowledgeable and takes a proactive approach to achieving the best resolution for clients.’

‘TLT Scotland has considerable experience in professional negligence claims and they combine that experience with a quality service to clients.’

‘John Paul Sheridan is very able, extremely hard working in the interests of his clients and is able to assess clearly where his clients’ commercial interests lie.’

‘John Paul Sheridan gives the impression of complete impartiality and deals with facts, demonstrating control over the approach in the tactical sense and a thorough understanding in exchanges of information.’